Right to Work Checks in 2026: What Changed for Employers

Short answer

Since 1st October 2026, UK right to work checks don't only apply to employees. They also cover people on a worker's contract, individual sub-contractors and some online matching services, and liability now reaches further along supply chains. You still have to check before the work starts, and there's no general grace period.

What changed on 1st October 2026

Section 48 of the Border Security, Asylum and Immigration Act 2025 came into force on 1st October 2026 (SI 2026/683). It extends the right to work scheme beyond employees, and it adds extended liability for contractors in supply chains, online matching services and arrangements that allow substitution.

Who you now have to check

• People on a worker's contract, not just employees.
• Individual sub-contractors. That's an individual brought in to deliver work that someone else has contracted with a third party to provide.
• Some online matching services. These are businesses that keep a register of service providers, match them with clients online and charge a fee or commission.

A genuinely self-employed person whose client is a customer of their business is outside the worker's contract definition.

Do you need to recheck existing staff?

Not because of this change. Arrangements made before 1st October 2026 aren't brought into scope just by the new rules. Follow-up checks still apply as normal: if someone's right to work is time-limited, check again when it's due to expire.

Three ways to check

Manual check. The employer's guide to right to work checks sets out each method. Get the person's original documents and check them with the person there, in person or on a live video call, while you hold the originals. Check they're genuine and belong to the person, and that any work limits fit the job. Make a clear copy, and record the date you did the check. A physical Biometric Residence Permit (BRP) is no longer acceptable for a manual check. People with an eVisa prove their right to work online with a share code.

Online check with a share code. Use the GOV.UK right to work service with the person's share code and date of birth. It shows the type of work they're allowed to do and how long for, if there's a time limit.

Digital verification service provider (DVSP). British and Irish citizens can't get a share code. You can check their original documents yourself, or use a digital verification service provider registered with the Office for Digital Identities and Attributes (OfDIA) to check a valid British or Irish passport or Irish passport card.

Keep copies for as long as the person works for you and for 2 years after they stop.

Checking someone you sponsor

The same rules apply to people you sponsor. Check that their permission covers the work you're offering, including any limit on hours, and diary a follow-up check before it expires.

Penalties

If you employ someone who doesn't have the right to work and haven't done a correct check, you could face a civil penalty of up to £45,000 per illegal worker for a first breach, and up to £60,000 for a repeat breach within three years.

Employer checklist

1. List everyone who works for you, including workers and individual sub-contractors.
2. Check each new person before they start.
3. Use the right method: manual, share code or a digital verification service provider.
4. Keep copies and the date of each check.
5. Diary follow-up checks for anyone with time-limited permission.

If you'd like advice on your own setup, you'll find immigration specialists in the Global Sponsor Hub specialist directory.

FAQ

Do I need to recheck staff who started before 1st October 2026? Not because of this change. Arrangements made before 1st October 2026 aren't brought into scope just by the new rules. If someone's right to work is time-limited, you still check again when it's due to expire.

Can I do a manual check on a video call? Yes. You can check the original documents with the person on a live video call, as long as you hold the originals while you do it.

How long do I keep copies of right to work checks? For as long as the person works for you, and for 2 years after they stop.

What's the penalty if I don't do a correct check? If you employ someone who doesn't have the right to work and haven't done a correct check, the civil penalty is up to £45,000 per illegal worker for a first breach, and up to £60,000 for a repeat breach within three years.

Official sources

• GOV.UK: employer's guide to right to work checks (1st October 2026)
• GOV.UK: view a job applicant's right to work details
• GOV.UK: check a job applicant's right to work
• GOV.UK: penalties for employing illegal workers
• GOV.UK: code of practice on preventing illegal working (civil penalties)
• Border Security, Asylum and Immigration Act 2025, section 48
• SI 2026/683

Last checked: 29 Oct 2026

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